Marks & Clerk accused over ‘secret commissions’ from IP referrals

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Marks & Clerk accused over ‘secret commissions’ from IP referrals

c0a6c8dd-7096-4a29-82d8-63ce4a28fe8bhigh-court-mw-600-comp.jpg

The IP firm faces a group-action claim that it profited from external renewals work without clients’ knowledge

An organisation representing mainly SMEs has filed a group-action lawsuit against Marks & Clerk alleging that the firm received “secret commissions” for referring intellectual property renewals work.

The particulars of claim was filed at the England and Wales High Court on Monday, April 12, by an organisation called Commission Recovery Limited (CRL). The allegations concern work that M&C referred to IP services provider CPA Global, which is not listed as a defendant.

The claim alleges that while clients agreed to CPA Global taking on their renewals work, they were unaware of the commissions being paid to M&C, and that these payments constituted unauthorised profit.

According to a CRL statement, these secret commissions have earned M&C between £2 million ($2.7 million) and £3 million per year in the UK – with the total figure likely to exceed £50 million.

A spokesperson for M&C told Managing IP that the firm categorically denies any wrongdoing.

“The claimant, CRL, and its founder are commercially driven and motivated by their own business interests. The allegations mischaracterise the work we undertake and our relationship with CPA. We will defend the claim vigorously.”

Peter Rouse, founder of CRL, said: “It is simply unacceptable that a firm like Marks & Clerk would develop a secret commissions scheme solely designed to line their own pockets while exploiting the very businesses they claim to serve.”

He added: “We want to provide a mechanism for affected businesses – who have been taken advantage of for years – to seek the justice and compensation they deserve.”

A spokesperson for Clarivate, which acquired CPA Global in 2020, said it “categorically and emphatically” denies any wrongdoing, adding: “Neither Clarivate nor CPA Global are named as defendants in the legal action.”

The claim has been brought as a representative action on behalf of all current and former clients of M&C and its predecessor practices. Unlike some group-action claims where parties can choose to join, this is an opt-out claim. Potentially affected claimants do not need to join or sign up.

The claim comes five years after CPA Global itself was sued for allegedly overcharging for foreign patent renewal fees. The 2016 class-action lawsuit was filed in the US by medical diagnostic company Run Them Sweet. That case was later settled.

 

more from across site and SHARED ros bottom lb

More from across our site

Apple’s lawsuit against OpenAI, which features Tier 1-ranked disputes firms on both sides, reflects how trade secrets litigation is becoming a prominent competition feature
Drew & Napier’s leadership appointments show one way full-service firms can back up claims about the strategic importance of IP
Strike-out application will hear claims that the copyright aspect of an IP infringement claim brought by a gambling and sports betting group should be dropped
Amongst a sea of mergers, Lathrop GPM and HG Law have set out plans to combine, positioning themselves to compete with both IP boutiques and full-service firms
Patrícia Paias explains why she loves the science and business behind an idea and why potential rights owners must avoid the ‘file and forget’ philosophy
Lawyers eagerly await news of what IP specialist Sir Colin Birss will bring to one of the England and Wales judiciary’s most important roles
María Aurora García of Berken IP explains how intellectual property rights holders can use customs monitoring and online enforcement tools to identify parallel imports and support compliance with consumer protection rules
The Jakarta-based firm says personal networks and a distinctive strategy can help it guide foreign clients through what can be a tricky IP landscape
Munich litigation boutique formed by former Taylor Wessing partners continues expansion as it seeks to cement its position in the UPC market
Yvonne Tang and Siau Wen Lim, the second and third IP specialists to sit on the firm’s management committee, say IP is ‘uniquely positioned’ to support cross-practice work
Gift this article